POLS 207 exam 5 Questions Answered Correctly Latest Update

POLS 207 exam 5 Questions Answered Correctly Latest Update Compare and contrast the following aspects of criminal and civil law: (some information will be further along in the slides that others) —Origin of cases —Parties involved and their objectives —Percent of cases that go to trial —Location of trials —Bases of decisions/outcomes - Answers origin of cases: criminal - harmful to society as a whole (both misdemeanor and felony) civil - legal disputes between "individuals" over unmet obligations or perceived harms parties involved and their objectives: criminal - the state (as both the accuser and prosecutor) civil - plaintiff files complaint or legal suit against defendant. objectives are monetary damages, determination of rights, etc. percent of cases that go to trial: criminal - 10% (most cases end in plea bargain) civil - 90% location of trials: criminal - county courtrooms w/ county prosecutors and judges civil - start in country/state courts. deal with question of fact and law bases of decisions/outcomes: criminal - "beyond a reasonable doubt" civil - "preponderance of evidence" Overview the prosecution process under criminal law. - Answers - arrest made - charge(s) filed, arraignment hearing held - evidence presented to grand jury, indictment returned - trial process begins (multiple hearings, then trial) *very lengthy* Describe the similarities and differences between the two types of criminal offenses in Texas. - Answers misdemeanors - less serious punishment: shorter times in county jail, community service, and/or fine felonies - more serious punishment: longer sentences in state prison or county jail, community service, and/or fine Using the fallen-tree example, highlight the aspects of the civil trial process that are unique from a criminal one. - Answers - "loser" must compensate "winner" - hear from witnesses and present evidence - can be totally or partially responsible Discuss the case loads of both federal and state courts and explain the differences. - Answers State courts handle issues under state law - 99.9% of 22 million criminal cases in US annually - 99.8% of 27 million civil cases nationwide annually Federal courts handle issues under federal law - very few cases compared to state courts Describe the hierarchy of three main groups of state courts. - Answers trial courts -- intermediate appellate court -- supreme court Explain the types of questions considered in each of these levels. Provide examples. Also explain the implications of a type of question NOT being considered at a particular level. - Answers trial courts deal with: - questions of fact answered by jury if a jury trial, otherwise by judge ex: where was the accused that night? - questions of law always answered by judge ex: may the attorney ask that question? courts of appeal hear objections to lower court decisions - appeals can only be based on questions of law Describe or draw out the diagram that shows all of the types and subtypes of courts in Texas. Include the flows of appeals from all of the lower courts. - Answers justice courts or municipal courts -- county level courts constitutional, statutory, or statutory probate courts -- district courts -- courts of appeals -- supreme court or court of criminal appeals In general terms, differentiate between the roles and the jurisdictions of each of these courts. (Use the lecture as your guide as to level I'm expecting.) - Answers justice courts: small claims courts (less than $10000), limited civil actions (misdemeanors) municipal courts: criminal misdemeanor by fine only -- county level courts constitutional: civil actions and juvenile matters statutory: all civil, criminal, original, and appellate actions prescribed by constitutional county court statutory probate courts: probate matters -- district courts original jurisdiction in civil actions over $200 and felony crimes juvenile matters -- courts of appeals: intermediate appeals from trial courts -- supreme court: final appellate jurisdiction in civil and juvenile cases court of criminal appeals: final appellate jurisdiction in criminal cases Describe how state residents participate in the judicial system and how they are selected. - Answers grand juries